Canmore-based lawyer, Austin Ward sat down with lawyer, Richard Stobbe to discuss the importance of protecting your brand and creative works in a tourist-driven economy.
What are some of the most common areas where you see folks seeking IP protection in the Bow Valley?
It's a very creative and entrepreneurial place. We work with businesses on trademark protection, copyright issues, brand disputes, design registrations, and we've helped inventors with patent protection. We also help with trade secret protection and non-disclosure agreements. We see the whole range.
So, if we focus on tourism and hospitality, what are the unique aspects of IP protection in that sector?
We're seeing two things: first, it's important to stand-out in a crowded field, so your customers can find you. But you must strike a balance between something that is clear, and something that is unique and distinctive. For example, some businesses are using search terms as their brand. It's tempting to use descriptive terms to improve search rankings, but if it's too descriptive, then it's basically impossible to protect as a brand. I'll give you an example. If we called ourselves "The Canmore Law Firm", it would be accurate, it's clear, but we're also describing all the firms in town. So, it can't function as a protectable brand.
Ok, so distinctive is better than descriptive. You said there were two things. What's the second thing?
Right, the other thing is that Banff and Canmore businesses are selling to an international audience, and so they're increasingly managing international IP rights. For example, a brand-owner based in the Bow Valley may need trademark clearance in the US, as their reputation grows and sales expand. Just because a trademark is protected in Canada, that doesn’t mean it is protected in foreign markets. We can help brand owners navigate both the local Canadian marketplace, and international rights.
What role do employees play in IP protection?
The general rule is that if your employee creates something in the course of employment, then you should own that. But it depends, which I know is such a lawyer answer, but it really does. The best way to remove all doubt is to make sure your employment agreements are standardized to address this issue. That's the best practice for employees.
And are employees treated differently than, say, an outside consultant or contractor that might be hired for one task, like building a web presence or graphic design?
That's right. I know you know because you practice employment law so I should be asking you this question, but yes, for consultants or outside contractors, they may own what they create. So, your contracts should be clear about what you own, and what the contractor owns. Spell it out at the beginning of the relationship, so there's no confusion later about IP ownership.
When should a business start seeking protection for their intellectual property?
There's no better time than now. We advise clients who have been in business for a generation, and we have clients who are about to launch and want to get advice pre-emptively. We can help out in both situations.
